§ 2-171. Rules and regulations for purchasing

(a) Purpose. The purpose of these rules are to facilitate efficient and economical administration of the purchasing system of the city.

(b) Definitions. The following terms, whenever used in this article, shall be construed as follows:

(1) City department or agency. Any department, agency, commission, bureau or other unit of the city government which derives its support wholly or in part from the city or an entity associated with the city for which separate financial statements are required.

(2) Bidders list. A current file of sources of supply of articles for each category of commodities or services repetitively purchased for city use.

(3) Services. Any and all services including but not limited to the repair or maintenance of equipment, machinery and other city owned or operated property, and other technical services. The term does not include public works projects or services rendered by city officers or employees, or professional services exempt pursuant to section 2-165 and other contractual services which are in their nature unique or not subject to competition.

(4) Lowest responsible bidder. In addition to price, the "lowest responsible bidder" will be determined after the following factors have been considered:

a. The ability, capacity and skill of the bidder to perform the contract or provide the service required;

b. The bidder has the facilities to perform the contract or provide the service promptly, or within the time specified, without delay or interference;

c. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

d. The bidder's record of performance of previous contracts or services;

e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

g. The quality, availability and adaptability of the bidder's supplies, equipment or services to the particular use required;

h. The ability of the bidder to provide future maintenance and service called for or necessary to successfully complete the contract;

i. The number and scope of conditions attached to the bid.

(5) Responsible bid. An offer submitted by a responsible bidder to furnish supplies, equipment or services in conformity with the specifications, delivery terms and conditions and other requirements included in the invitation for bids.

(6) Responsible bidder. A bidder who submits a responsible bid and who is not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity, and integrity requisite and necessary to perform the contract according to its terms and as set forth in paragraph (4) of this subsection.

(7) Purchases. Purchases of supplies, equipment, personal property, and services shall include leases or rentals as well as transactions by which the city acquires ownership.

(8) Supplies and equipment. Any and all articles, things or personal property furnished to or used by the city department or agency.

(9) Vendor sourcing. Lists of known vendors for services, supplies and equipment maintained by the purchasing officer.

(c) Emergency purchases.

(1) Conditions. While the need for occasional emergency purchases is recognized, the practice must be curtailed as much as possible by anticipating needs so that the normal purchasing procedure utilizing bidding may be used. An emergency shall be deemed to exist if:

a. There is a great public calamity.

b. There is immediate need to prepare for national or local defense.

c. There is a breakdown in machinery or an essential service which requires the immediate purchase of supplies or services to protect the public health, welfare and safety.

d. An essential departmental operation affecting the public health, welfare and safety would be greatly hampered if the prescribed purchasing procedure would cause an undue delay in procurement of the needed item or service.

(2) By purchasing officer. In case of an emergency which requires immediate purchase of supplies, equipment or services, the city manager may authorize the purchasing officer to secure, by open market procedure, as prescribed in section 2-167, at the lowest obtainable price, any supplies, equipment or services regardless of the amount of the expenditure.

(3) By department head. In case of an emergency which requires immediate purchase of supplies, equipment or services, the head of any department may, with approval of the purchasing officer or the purchasing agent, purchase directly any supplies, equipment or services in the amount of five thousand dollars ($5,000.00) or less. The head of such department shall, not later than the next regular business day thereafter, submit to the purchasing officer a requisition, a tabulation of bids received, if any, a copy of the delivery record and a full written report of the circumstances of the emergency.

(4) Purchases over five thousand dollars. In case of an emergency which requires immediate purchase of supplies, equipment or services in an amount of five thousand dollars ($5,000.00) or more, the city manager may authorize the department head to purchase directly any supplies, equipment or services, provided a full report of the circumstances of all emergency purchases in excess of five thousand dollars ($5,000.00) shall be filed by the purchasing officer.

(d) Gifts and rebates. The purchasing officer and every officer and employee of the city are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded, any rebate, gift, money, or anything of value whatsoever as set forth in chapter X of this title.

(e) City of Costa Mesa vendor preference. The city council may by resolution authorize the granting of a City of Costa Mesa vendor preference when the city purchases supplies, equipment or services.

(Ord. No. 96-15, § 1, 12-2-96; Ord. No. 03-11, § 1, 11-3-03 )